Category: Features & Comment

Underwater protest for ex-president Nasheed

One hundred divers staged an underwater protest in Malé today, calling attention to the imprisonment of former president Mohamed Nasheed.

Photos by Ismail Humaam Hamid and Mohamed ‘Sindhi’ Seeneen

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Comment: ‘It’s not political’

Mohamed Nasheed, opposition leader and former President, was jailed for 13 years on charges of terrorism for an act that does not fit into any of the over 300 definitions of terrorism that currently exist across the world. One of the five co-defendants in the case, Moosa Jaleel, the current Defence Minister and Nasheed’s Chief of Staff at the time of the said act of ‘terrorism’, was cleared of the same charge yesterday. For Nasheed, the conviction came because he could not prove he was innocent. For Jaleel, the acquittal came because the prosecution could not prove he was guilty. Neither of the verdicts, according to the government, was political.

Rtd Col Mohamed Nazim, Defence Minister until charged with conspiracy to overthrow the government in February 2015, was found guilty of a lesser charge of smuggling weapons into the country. The evidence against Nazim could not have been any more frivolous or, frankly, any more ludicrous. Allegedly, he was planning to shoot and kill Yameen, his right-hand man Tourism Minister Ahmed Adeeb, and a few others in the current government. He laid out detailed plans of how to do it and supposedly saved them on a pen-drive. More sophisticated event planning can be found in a primary school exercise book. Nazim’s legal team pointed 12 gaping holes in the evidence against him. Yet, he was pronounced guilty and jailed for 11 years. Nothing political about it, maintained the government.

Next came Mohamed Nazim, MP for Dhiggaru area, and, until Ahmed Adeeb weighed into the relationship, Yameen’s closest political ally and partner in all businesses above and below board. Yameen and Nazim went way back, even founded a political party together – People’s Alliance – which later merged with Gayoom’s PPM. Adeeb’s presence somehow muddied the waters between the friends and, before Nazim could say ‘jangiya’, he had been sentenced to 25 years (life) in prison for corruption worth 1.4 million Rufiyaa. The fraud was committed when Nazim was working in the Atolls Ministry back in 2004. When things were good between Yameen and Nazim, the same courts had said about the same allegations that ‘Nazim had no charges to answer.’ But now, out of favour with Yameen, not only were the charges worth answering, they were also worth life imprisonment. Meanwhile Adeeb, who is basking in the sunshine of Yameen’s approval, can happily ignore allegations of corruption worth millions of US dollars. Not only that, the Auditor General who dared expose the allegations, was removed from his positionand a more ‘friendly’ figure put in his place so Adeeb does not have to put up with listening to such ‘drivel’ against him. On top of it all, news came yesterday that theTourism Ministry is to have ‘extended powers’. ‘It’s not political’, says the government.

Meanwhile, life keeps getting harder to live on the islands of Maldives. Taxes have gone up, along with living expenses. Salaries, however, remain as low as ever. While each tourist who arrives in the Maldives – and according to Tourism Ministry figures there were over a 100,000 in February alone – spends an average US$350 a day, the average monthly salary of a civil servant remains below that amount. While the price of fuel has gone down dramatically across the world, electricity bills have become impossible for people to pay. Not only are the bills remaining as high as ever, the government is also cutting subsidies which made it possible for people to pay them in the first place. ‘Don’t make this political’, says the government.

Amidst all this came the news that the President’s Office has given each of the five Supreme Court judges, along with the president of the Anti-Corruption Commission, newly built apartments in Male’ at a discounted rate. Land is the most precious commodity in the Maldives, especially in and around Male’. Decades of centralisation has meant all essential services such as healthcare and education are only available in the capital city with even a modicum of satisfaction. People are desperate for housing in the area – the apartments in Male’ are meant as some sort of a solution for this problem. Yet, instead of the desperate, they are given to the already flush. ‘It’s to protect their integrity’, said Adeeb, speaking for the President’s Office. ‘It’s not political.’

While coping with the hardships of surviving in the messed up economy, half the country is out on the streets attempting to save, through peaceful civil resistance, the last remaining vestiges of democracy. The government has responded by describing civil and political rights enshrined in the 2008 democratic Constitution as ‘loopholes’ through which people are abusing the ruling party. Laws will be made to close them holes, it has said. So the authorities first moved to ban protesting in certain areas, then at certain times, then at certain decibels and, most recently, without prior permission of the police.

The police have taken into custody close to 200 people in less than a month, and the courts have taken to imposing unconstitutional conditions on their release, demanding that they don’t protest for days, weeks or even months, if they want to remain free citizens. Those who defy the bans are locked up, deprived of basic rights and even abused psychologically and physically. Opposition parliamentarians are often the victims. Most recently, MP Ahmed Mahloof defied the conditional ban on protests only to see his wife being physically, and she alleges sexually, abused by a group of policemen as he was hauled away to detention without charge for an undefined length of time. ‘Don’t make this political’, says the government. ‘It’s rule of law’.

To prove that ‘it’s not political’, the government continues to behave as if none of these events are taking place. It has announced plans to prettify Male’ with flowers all over the city; the Clock Roundabout is to get a new clock; one part of the land-sparse Male’ is to be turned into a show area of ‘what it used to be like’; buildings are to be painted; and a dozen or so Maldivians are to sky-dive into the national stadium in a grandiose gesture. Meanwhile, a travelling band of PPM activists are to tour the country setting off fireworks on various islands, when they are not travelling to award air-conditioners and other bribes ahead of by-election votes, that is.

Of course, none of this is political. These are not attempts to pretend that everything is fine. These are not attempts to show that only a few dozen mad people are out protesting, trying to upset the smooth running of a democratically elected, benevolent government which is only trying to do best by its people.

Of course not. All these activities are to celebrate 50 years of independence. Independence? Where is the freedom? you ask. Oh, don’t get political.

This article first appeared on Dhivehisitee.com. Republished with permission. 

Azra Naseem is a former journalist who now works as a Research fellow in Dublin City University. 

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Permanent water crisis for Maldives islanders

Every January, councillors on the central Maldivian island of Baa Atoll Goidhoo switch on the island’s water desalination plant in preparation for the dry season.

In doing so, the council hopes to scrape through the blistering heat of the four-month-long northeastern monsoon without having to rely on others to provide its 700 inhabitants with clean water.

However, this year the council was not able to fire up the plant because of severe budget constraints and maintenance issues.

“The government is not giving us money to repair it. How can we fix and run the plant while we can’t afford its electricity bill?” asked council president Mohamed Amir.

“The households have now run out of water,” Amir said.

“Every dry season we have the same problem.”

Amir had no choice but to notify the National Disaster Management Centre of severe water shortages, becoming one of over 69 islands to have reported droughts this year alone.

Since its inception in 2004 after the Indian Ocean tsunami, the centre has been providing water to about 80 of the Maldives’ 200 inhabited islands each dry season for the last ten years, says Hisaan Hassan, a spokesman for the centre.

The tsunami severely contaminated groundwater in several islands, forcing inhabitants to look up to the skies for rainwater instead.

When a fire in the capital, Malé, cut off water supplies last year, the crisis drew global media attention and prompted the public to ask how prepared the government is for an emergency water cutoff.

However, islanders who face the same problem every year remain hopeless, with no permanent solution in sight.

Environmental consultant and water expert Fathimath Saeedha says that the government needs to immediately come up with strategic, yet island-specific solutions.

Contaminated groundwater

Unlike in Malé, where the groundwater is heavily polluted due to over-consumption, islanders in atolls used to rely on groundwater for consumption.

However, thanks to a rapid population increase and the arrival of appliances such as washing machines, groundwater consumption in the islands has increased above the rate at which groundwater is naturally replenished, said the environment ministry.

In addition, the ministry points the finger towards the 2004 Indian Ocean tsunami, which heavily polluted many islands’ fresh water table, lying one to 1.5 meters below the soil surface. The tsunami killed at least 82 people in the Maldives and caused $470m of damage.

However, a United Nations Environmental Programme tsunami impact study in 2005 estimated that only 39 islands’ groundwater had been suitable for drinking even before the tsunami.

Water expert Saeedha also pointed out that poorly constructed septic tanks in the islands have contributed to water contamination.

“People built septic tanks on their own, which led to domestic waste leaking into the water table,” said Saeedha.

With the groundwater contaminated, inhabitants then had to rely on rainwater for consumption. In 2005, the government provided islands with large numbers of storage tanks to store rainwater.

However, with low average rainfall during the dry season, numerous islands are left in a drought every year, forced to rely on the disaster centre for drinking water.

Ready for droughts

Umar Fikry, another spokesman for the disaster centre, says that it has urged all island councils to inform the centre of water shortages in advance.

“We are prepared and ready for the water shortages every year,” Umar said.

He says that islands usually report water shortages to the centre when they are down to one month’s supply.

However, the National Disaster Management Centre is among those questioning whether the centre should be called upon to deal with shortages every year.

“We spend an average of MVR 5 million (US$ 330,000) on delivering water to the islands [each year]. The problem cannot be solved by the disaster centre alone,” said the centre’s Hisan Hassan.

Hisan believes it is time for everyone from the environment ministry to island councils and the general public to get involved in looking for a permanent solution.

Individuals have to keep in mind this happens every year and focus on better water usage, while councils should work on getting better storage systems in place for the dry season, said Hisaan.

The Environment Ministry meanwhile is running a water programme aiming to create an integrated network of island water storage containers in 30 strategic locations.

Three of the island storage locations have been completed, while seven are undergoing construction. Furthermore the ministry has secured finance to build 14 new desalination plants, it said.

Unsuitable emergency plans

With the disaster centre called upon to provide large quantities of water, some islands have criticised the quality of the water that arrives.

“People did not use the water because there was a pungent smell in it. We should be provided with good quality water,” complained Baa Atoll Dharavandhoo council president Hussein Nazim.

Dharavandhoo is home to one of the busiest regional airports in the country, bringing in tourists from the capital to the atoll’s eight resorts.

Nazim said that he was told that the water arrived from nearby Dhuvaafaru in the storage area of a fishing boat.

Some islanders had to resort to pumping water from households lucky enough to have clean well water, he added.

A resident of nearby Goidhoo said that it is “immensely difficult” to fulfill essential water needs during the dry season.

“Every house has a water tank which runs out during the dry season. Now we have to go to the water plant on the beach through the boiling sun,” she complained.

“Tailor made solutions”

Water expert Faathimath Saeedha says there is no one overall solution to the annual water crisis, with different areas instead needing a “tailor-made solution”.

“Every island has very specific needs which need to be addressed,” she said. “Then only can we reach a permanent solution.”

It is important for the government to come up with a strategic plan to address the root cause of the issues for each island, she said.

Back in Goidhoo, council president Amir has been able to fire up the desalination plant with a “temporary fix which will last the current dry season”.

He believes that the situation will repeat itself again next year, with the councillors forced to resort to the barely functioning water plant, hoping for the best.

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Comment: The old and new penal code

The following op-ed was written by former Deputy Prosecutor General Hussain Shameem and first appeared on newspaper Haveeru on April 1. Translated and republished with permission. 

The penal code currently in force in the Maldives was passed in 1966. It has been almost 50 years since the law was enacted. In recent years, the economic and social condition of the Maldives has undergone major changes, but the appropriate changes were not made to the law.

We need to amend old laws to include new offences. For instance, credit card fraud was not something that was envisioned when the penal code was drafted. Credit card fraud is now prosecuted under fraud. However, as the act of having a credit card was not foreseen it is difficult to prove the offence.

The other problem with the current penal code is the effect historical realities had on its provisions, and the challenges to ensuring justice due to these effects.

The penal code was passed following a trip by then-Prime Minister Ibrahim Nasir to quell a secessionist movement in the south. Therefore, severe punishments were specified for crimes such as treason and attempts to assassinate the head of state. But not much attention was given to other offences. For instance, premeditated murder was not criminalised in clear language in the law.

The task of rewriting the penal code was first announced at a function at the Islamic Centre on June 9, 2004 by then-President Maumoon Abdul Gayoom. In his speech, he said the Maldives needed a penal code in accordance with Islamic Sharia and international conventions the country has acceded to.

The ‘National Criminal Justice Action Plan’ formulated later also detailed this policy. It stated that the new penal code should be a law that could be enforced in accordance with Islamic Sharia and international conventions. This is a special effort that has not been undertaken so far in the whole Islamic community.

The United Nations Development Programme (UNDP) offered expert assistance to the government in this task, and enlisted a distinguished professor at the University of Pennsylvania Faculty of Law, Paul H Robinson.

Professor Robinson is a world-class expert on drafting laws, a draftsman who has earned the honour of drafting the penal codes of various American states. Due to his know-how in drafting the law, the most voluminous law passed in Maldivian history is easy to read and refer.

Changes the penal code will bring about

The penal code due to come into force on April 13 will usher in major reforms to the Maldivian criminal justice system.

One of the biggest changes will be bringing together provisions in some 90 laws that specify criminal offences under one law. This will make the work of investigators, prosecutors, and judges significantly easier. Instead of referring to different books and laws, they will be able to look up all offences in one place. All criminal offences under the law can be found in one statute.

This rule is also stated in article 61 of the constitution. The article states that no person may be subjected to any punishment except pursuant to a statute or pursuant to a regulation made under authority of a statute, which has been made available to the public. The criminal offence and its punishment must also be clearly specified.

Article 88(a) of the current penal code states that disobedience to a judicial or legal order is a crime. However, the article does not make it clear how and to what extent an action becomes a crime. This article could be seen as in conflict with the constitution. This very argument has been made as well.

The second change that will come about is the ability to prosecute on multiple counts for different offences involved in a single incident. At present, a person who enters a home illegally, steals, and leaves after breaking down the door can be prosecuted only for theft. That is because theft is the most serious crime involved in that incident.

Under the new law, each offence can be prosecuted separately. Therefore, the offender can be charged with illegal entry (article 230), theft (article 211), and damaging property (article 220). If the charge of theft could not be proven for any reason, the offender could still be punished if the other offences are proven. This example also applies to violent assault and premeditated murder.

Once the new penal code is in effect, the punishment for all offences will generally be less severe. However, once offenders could be charged on multiple counts and sentenced for several offences, the punishment for each offence will be largely the same as now.

Additionally, the penal code specifies offences for which the punishment would be harsh or less severe. Chapter 1001 of the law states that the punishment could vary based on consideration of how the offence was committed.

For example, if the victim of an assault is below 18 or above 65 years of age, the punishment will be severe. Moreover, the punishment will be severe if the offender has a criminal record. If the offender does not have a criminal record, the punishment could be lenient.

I will provide more information about the characteristics of the new penal code in future writings.

Hussain Shameem is a senior legal consultant at the Legal Sector Resource Centre established jointly by the UNDP and the Attorney General’s Office.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected].

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Comment: The darkest hour is just before the dawn

Latheefa Ahmed Verall is former President Mohamed Nasheed’s maternal aunt

I was twenty-eight when Maumoon Abdul Gayoom became the president of the Maldives. President Nasir had been demonised and vilified, and a saviour, like a shining beacon of virtue from the deep, ancient bowels of Al- Azhar had appeared. He came in trailing clouds of glory that was Islamic scholarship. I was simply bowled over – to use a phrase that he and I probably share as lovers of cricket!

The year 1978 was an auspicious year for us both. I was expecting my first child; he was starting on his life’s work as the longest ruling dictator of Asia. Our paths never crossed of course because he was in the business of silencing public dissent in a frenzy of torture and authoritarian heavy handedness, while miles away in New Zealand, I was in the business of teaching my students and eventually my own children, the importance of asking the question ‘why’.

I want to talk to you, the readers of this website and also to others in our extremely divided nation, so that you may open your minds enough to listen to the reason why we must never, never give up striving for our rights. Get over the fact that I am [former President Mohamed] Nasheed’s aunt, get over the fact I live over eleven thousand kilometres away. I am 65 years old and smart enough to separate what I want for my nephew and what I want for my country. They are two different things. This is for my country.

For those people who question my right to voice these concerns, I have this to say. My generation in the Maldives had no voice. We did not have the know-how or the belief that we could stand up to what was unfair, corrupt or unjust. Most of us, particularly women, believed that life was about accepting the status quo, being obedient, humble and respectful towards authority and power. That was the world-view we held and we strived to live ’good’ lives within it. We forgot to ask the question why things were the way they were.

When I saw the pictures of Evan Naseem, his dead body beaten and bruised, his hair matted in his own blood, I realised this was an atrocity that had been years in the making. This lack of respect for human life and dignity had its roots years before 2003. My generation had allowed the regime to come to that point of inhumanity because of our impotency and lack of action. I wept as the words, “The only thing necessary for the triumph of evil is for good men to do nothing,” resonated in me. I have never forgotten their significance.

Our impotency came in many guises: we thought bowing down to authority, however unfair, was part of our heritage, we thought it was what our religion demanded of us, we assumed that deference was owed to a ruler simply because he was the ruler and finally we feared that the regime was too powerful to be affected by our concerns.

Today, the imprisonment of Nasheed and the unleashing of the regime’s vendetta on any who disagreed with their Grand Design, are natural progressions for a group of people who had always dealt with problems in a predictable and unimaginative way. They have no answers other than sheer brutality. But now, we the people, no longer find this acceptable. We are no longer prepared to consider it the norm. Those early activists and opposition supporters have helped liberate us all. And all of us working together have finally brought the eyes of the world on the Yameen/Maumoon regime.

[President Abdulla] Yameen, with the same lack of imagination, is following in his brother’s footsteps, and the prisons are once again filling up with their opponents. The events of the last few months scream out the desperation of a group that has once again run out of options: an ex-president jailed by a regime-controlled judiciary who, because of their incompetence and the political pressure of their masters, turned Nasheed’s trial into a farce, a defence minister sentenced for terrorism because of insurmountable differences and divisions in their own dog eat dog cabinet, a predictable falling out with their rich coalition partner who facilitated the regime’s return to power and is currently kept impotent by the threat of financial ruin and finally the country spurned by all freedom loving citizens of the world. Their solution: to move towards a state of emergency because they cannot control the citizenry other than by force.

This mounting opposition to the regime makes it abundantly clear that this is not Nasheed’s fight alone. He is not the only one to suffer brutality and injustice. Under this regime, to various degrees, we have all been within prison walls and we have all suffered from huge injustices. And our fathers, mothers, brothers, uncles, aunts, nieces, nephews and friends have been affected by this cancer that has destroyed the very soul of the country which we hold dear to our hearts.

I am a student of history and I know that in any great struggle between the forces of tradition and modernity or the rights and wellbeing of all people and the greed of the few, the hardest time is when we feel that fortune has taken a dramatic turn for the worse. With Nasheed in prison, the regime in control of the judiciary so that they can dish out their malice willy-nilly, and the police high on testosterone, it may appear that our objectives are all but unattainable.

But life’s great lesson is that this is exactly the time for us to view our achievements and persevere in the face of adversity. The darkest time is always before the dawn. This is the time to have faith in our ability and not give up. This is the time to increase our resolve, increase our determination and increase our action.

Why?

Unlike my generation, today’s Maldivians are not incapacitated by years of tradition and social isolation. The question ‘why’ has been asked. People have dared. And more than that, we have several leaders in prison and this may well be a positive turning point, as for the first time, the eyes of the world are turned on the Maldives as never before. The time is ripe for our action, to actively insist that we do not want a future of brutality and suppression.

The regime believes that by imprisoning Nasheed and other leaders they can curb the move towards democracy and return to the good old days of untrammelled power. But these arrests give all of us the unheralded power to break this regime. We can prove them wrong. They can continue to imprison people, but they cannot suppress an idea. They cannot imprison or beat an ideal.

The time to unhinge this crumbling, ancient relic of a regime is now. This is our time to act.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected].

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Comment: Migrant workers’ voice – illegal and silenced in the Maldives

As news of socio-political turmoil forces the world to shift its eyes away from the pristine beaches of its beautiful tropical islands, Maldives is losing its untainted image as a luxury tourist destination with more exposure of its appalling track record on human rights. This article looks closely at the lack of both compassion and adequate law enforcement in the Maldivian society’s (mis)treatment of the South Asian expatriate community. It highlights not just the plight of the many Bangladeshi labourers but also the increasing number of South Asian women who are becoming victims of the corrupt and prejudiced criminal justice system of the country.

In addition to the Maldivian population of approximately 330,000, there are 200,000 expatriate workers living in the country, of which a quarter does not have legal status in the country. The Maldives’ treatment of migrant workers is degrading enough for it to be called ‘modern-day slavery.’ The trade generates over US$ 123 million in illegal profits in the Maldives. Last week two Bangladeshi workers, Shaheen Mia and Kazi Bilal were brutally killed bringing to the fore, in tragic circumstances, the unheard voice of the subaltern in today’s Maldivian society.

The government on 25 March banned a planned protest against the deplorable treatment faced by expatriate workers. The protest was planned to highlight the resurgence in violent crime against the South Asian workers. The government of current President Abdulla Yameen Abdul Gayoom’s brother; Asia’s longest serving leader until August 2008, Maumoon Abdul Gayoom, also criminalised a planned protest following similar racially motivated assaults in August 2007, threatening expatriates with deportation.

In addition to silencing their voices and denying them agency, the criminal justice system, primarily the Criminal Court and law enforcement authorities perpetuate injustices against the marginalised. The violation of their fundamental rights is facilitated through certain judicial actors who are untrained, uneducated and corrupt. These judges do not pay any attention to the Constitution or domestic laws or international legal instruments the Maldives has ratified. Increasingly women are becoming victims of the system.

Malékalyanam: buying brides

Rubeena
Rubeena Buruhanuddeen

An Indian woman was arrested night before last on allegations of infanticide and attempted suicide, raising concerns that she could be subject to the same judicial torture as Rubeena Buruhanudeen who was kept under pre-trial detention for over four years. The New Indian Express reported that Rubeena was part of a procedure known in India as ‘Malékalyanam’ in which impoverished girls from the Indian state of Kerala are married off to Maldivian men. Rubeena, married off to a Maldivian man under this procedure, ended up in pre-trial detention in the Maldives for over four years, accused of killing the child she had with her Maldivian husband.

Fareesha Abdulla, a Maldivian lawyer who took the case in 2012 on a pro-bono basis, emphasised that the investigation and remand hearings were not conducted with interpreters. “She [Rubeena] can’t understand Dhivehi, but the entire investigation was carried out without an interpreter. Maldives’ police wrote down a statement in Dhivehi and she signed it,” said the defence lawyer. “Infanticide is a serious allegation but when she requested legal aid before I took on the case, the Attorney General denied it,” Fareesha Abdulla explained further.

Before Indian Prime Minister Narendra Modi came to power, the Manmohan Singh government’s Minister for External Affairs also urged Maldives to repatriate such detainees. Modi was scheduled to visit the Maldives last month but with international concerns growing over the arrest of former President Mohamed Nasheed on 23 February 2015, took the Maldives off his tour of Indian Ocean island nations. Soon after the diplomatic brushoff, Rubeena was repatriated to India in early March.

Aminath Zara, a Nepalese woman who was fighting for custody of her child with a Maldivian succeeded only after a yearlong legal battle at the Family Court. Zara arrived in the Maldives initially in October 2009 as Tasi Telisa to work at a beauty salon as a beauty therapist. She converted to Islam in 2010. She then left the country in September 2011 and returned after marrying a Maldivian in Sri Lanka in December 2011. When the baby was three, her husband demanded Zara to go back to work; she was the sole breadwinner at times. According to Zara, the marriage came to an end due to her husband’s infidelity while she was away working.

The couple filed for a divorce at the Guraidhoo Magistrate Court in September 2013, but the proceedings and documents were all in Dhivehi, and an interpreter was not offered. The magistrate decided “disobedience” by the wife was sufficient grounds for divorce. As a result Zara became a homeless – and soon to be illegal – single mother. She filed a complaint at the Gender Ministry because her ex-husband was threatening to deport her and gain full custody of the baby. A Maldivian lawyer, Lua Shaheer, who was providing pro-bono legal assistance, said that Zara’s husband repeatedly told her “you are a foreigner, you will have no choice but to leave this country without the child.”

The Gender Ministry provided Zara with temporary accommodation for three months. At the end of the three months she moved back to the island of Guradhoo but could not stand the abuse she was subjected to. With nowhere to live, her former lawyer Lua Shaheer took Zara in to her own home. She is now represented by another lawyer, Fathmath Sama, whose firm took the case on pro-bono.

The husband was represented by Ibrahim Riza, an MP for Gayoom’s Progressive Party of Maldives. The main argument in court was that “the mother is a Buddhist, the mother’s family is Buddhist, and the child would be deprived of a Muslim upbringing.” Zara’s husband also accused her of “abandoning the baby for monetary greed.” Shaheer testified in court that Zara is a practicing Muslim. Even though Zara won custody, the verdict states she cannot leave the country without the ex-husband’s permission if she decides to leave with the baby, effectively leaving her stranded in the Maldives without a place to live.

According to the Indian High Commission in the Maldives, an Indian woman named Manyama Orsu was charged with pre-marital sex and abortion. According to the new penal code, abortions after 120 days of pregnancy are illegal, but a pregnancy caused by rape is an exception to the 120-day rule. Orsu was charged before the new penal code came into effect. The court proceedings against her went on for two and a half years. She confessed to the first charge, and the State dropped abortion charges bringing an end to her arbitrary detention, facilitating her repatriation in late March this year.

There are also reports of other foreign women held at Dhoonidhoo Island Detention Centre on allegations of prostitution, abortion and drug trafficking. Some of these women are victims of sex trafficking and trafficking in persons. But without a systematic mechanism to identify victims, or the mentality to view such individuals as victims, Maldives’ authorities exacerbate psychological and physical trauma suffered by human trafficking victims.

Two foreign women identified by police as sex trafficking victims in 2008 were provided temporary shelter before being repatriated with the help of their home country’s diplomatic mission in the capital Malé. Due to the lack of investigative infrastructure based on the problem of Trafficking in Persons, nobody was prosecuted for the crime, and the case was dropped due to “lack of evidence.”

Lack of infrastructure & lack of will

There are other instances where lack of legislation, and lack of enforcement, have hindered any efforts to tackle the problem. In 2009, a Bangladeshi man was chained inside a small room for weeks; the chains were removed only when the man was put to work. The employer was released after merely four months’ imprisonment due to lack of anti-trafficking legislation at the time.

The Maldives’ government passed anti-trafficking legislation only in 2013, motivated only by the fear of threatened international sanctions. The Bill had been in Majlis since 2011. However, expatriate workers from South Asian countries continue to be victimized under forced labour conditions notwithstanding the legislation. The US State Department’s Report on Trafficking in Persons states that ‘the [Maldivian] government does not have procedures in place to identify victims of human trafficking.’ As a result trafficked persons are further victimized by the corrupt criminal justice system. At the same time, the legal system remains highly inaccessible to foreigners, especially in relation to criminal law.

Transparency International’s local chapter provided over 560 expatriate workers with legal aid in 2014, mostly with regard to cases that consist of forced labour indicators. ‘We believe that migrant workers are the most vulnerable community in the Maldives today, they do not have access to the legal system due to the language barrier,’ Transparency Maldives’ Senior Project Coordinator for its Advocacy and Legal Advice Centre, Ahid Rasheed, has said.

‘Maldivian society in general views Bangladeshi expatriates as lower class non-citizens; harassment against them has been completely normalized. The authorities view them as the problem and not victims of discriminatory attacks and human trafficking offences.’ Highlighting a history of institutionalised xenophobia, Rasheed said ‘the latest word from the government we heard – regarding the protest – questions basic rights afforded to migrant workers, similar to how all previous governments neglected migrant workers’ grievances.’

The Maldives enacted the Employment Act in 2008, and as a Member State of the International Labour Organisation (ILO), the Act harmonises domestic law of the Maldives with the principles and standards prescribed by the organisation. Independent institutions such as the Employment Tribunal and Labour Relations Authority were established through this Act. ‘Forced labour’ is prohibited and broadly defined to be any instance where there are elements of undue influence, threat, or intimidation with regards to employment. The Act also addresses discrimination at the work place and ensures both local and foreign employees right to freedom from discrimination based on race, religion, social standing, political beliefs, marital status, gender, or family obligations.

It is a common misconception that ‘human trafficking’ or ‘trafficking in persons’ requires illegal entry, similar to ‘human smuggling.’ Human trafficking sometimes begins as smuggling, can end up as exploitation and trafficking, but not all trafficking involves crossing-borders.The United Nations (UN) defines ‘trafficking in persons’ as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs.

The South Asian Association for Regional Cooperation (SAARC) Convention on Preventing and Combating Trafficking in Women and Children for Prostitution was ratified by the Maldives in May 2003; a legal instrument recognizing the importance of establishing effective regional cooperation for preventing trafficking for prostitution and for investigation, detection, interdiction, prosecution, and punishment of those responsible for such trafficking.

The ILO defines the following as elements of forced labour: withholding payment and identity documents; abusive working and living conditions; debt bondage; restriction of movement; excessive overtime; deception; isolation; physical and sexual violence; and intimidation and threats. All of which are daily grievances faced by most low-skilled expatriate workers in the Maldives.

A report by the Human Rights Commission of the Maldives (HRCM) in February 2009[8] states that Bangladeshi, Sri Lankan and Indian nationals are detained at the Malé Immigration Detention Center, managed by the Expatriate Monitoring Center under the Department of Immigration and Emigration. Ordinarily detained for not holding a valid passport, visa or work permit. HRCM urged the Maldives to become a member of the International Convention on the Rights of All Migrant Workers (ICRMW). The national human rights committee’s report recommended development and implementation of systematic procedures for government officials to identify victims of trafficking among vulnerable groups such as undocumented migrants and women in prostitution, who are human trafficking victims. It also urged identified victims of trafficking to be provided necessary assistance and not be penalized for unlawful acts committed as a direct result of them being trafficked.

The US State Department has consistently raised the issue of increasing debt bondage among South Asian migrant workers under its annual Trafficking in Persons report. According to its most recent report, migrant workers pay agents around US$2,000-4,000 to work in the Maldives. There have been reports that some of the 200 registered agents bring migrant workers to the Maldives under terms of employment that amount to criminal acts of deception or fraud, entangling employees in a vicious cycle of debt. The report also recommends that Maldives accede to the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons.

The government has failed at implementing enacted laws, and it appears to be using the rise in violent crime to militarize the police service, and enact legislations that strip away the protections, freedoms and liberties enshrined under the Constitution that introduced democratization to the Maldives. As the focus remains on suppressing dissent from citizens who oppose the regime, the plight of the subaltern stays at the political periphery. The Maldives has yet to fulfill the minimum standards required to eliminate human trafficking.

Human trafficking victims are regularly penalized for acts that are the result of being trafficked; excluded from the legal system; and viewed as offenders. Maldivian authorities are known to detain such victims under inhumane conditions. The real perpetrators of trafficking such as employers, officials, recruitment agents or firms are rarely brought to justice, giving full impunity to these powerful offenders who have connections to transnational organized crime. The insularity observed among majority of Maldivians is reinforced on an institutional level by denying inalienable rights that are to be afforded to all citizens and non-citizens indiscriminately. Sex trafficking, forced labour, debt bondage and other forms of exploitation do not end with enacting legislations or acceding to treaties in order to be accepted as a member of the international community. A stipulation under law is only powerful to the extent to which it is realized, and for the subaltern – without the qualification to even speak – those rights are continually denied.

Mushfique Mohamed is a practising lawyer at Hisaan, Riffath & Co., and also works as a consultant for Maldivian Democracy Network.

This article first appeared on Dhivehisitee.com

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